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(영문) 의정부지방법원 2017.02.01 2016고단4683
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 16, 2016, the Defendant voluntarily withdrawn from alcohol in the “C” singing room located on the fifth floor of the 5th floor of the Guri-si building B around 00:45 on October 16, 2016

In order to demand, the above employees and the vision were attached.

Accordingly, during the singing of the instant singing room, the police officers of the Gyeonggi-gu Police Station reported by employees 112 and reported the same to employees, and the police officers of the Gyeonggi-gu Police Station reported the same to enter the said singing room again to resist the employees, and the police officers prevented them from the stairs, thereby making the singinging of D with a large amount of voice on D, and committing assault, such as cutting off the single and singinging off the singing of D.

Accordingly, the Defendant interfered with the legitimate performance of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. E statements;

1. Application of the Acts and subordinate statutes to photographs, studio photographs;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts of crime (elective of imprisonment);

1. The reason for sentencing under Article 62(1)(the following favorable circumstances) of the suspended sentence under Article 62(1)(the scope of recommendations) of the Criminal Act / [the grounds for sentencing [the scope of recommendations] / there is no person who has no basic area (the June 1 to April 4) (the special sentencing person] [the decision of sentencing] / In order to establish national legal order and eradicate the light of the public authority, it is necessary to strictly punish crimes against public authority, such as interference with the execution of public duties.

The criminal defendant assaults a police officer who solicits him/her to return home while drinking and obstructs his/her execution of his/her duties, and his/her criminal liability is not weak.

However, the defendant recognized his mistake and reflected his mistake.

The degree of violence seems to be relatively low.

Until now, only four times of a fine has been punished, and there has been no record of punishment for violence or same crime since 2002.

This is the scope of recommendations on the sentencing criteria, and other defendant's age, sex, environment, motive for crime.

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